Appeal for death row inmate denied

Friday, July 30, 2004 | 4:50 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- A federal appeals court Friday denied a petition to stay the execution of Reno killer Terry Dennis who says death is preferable to another 15 to 20 years in prison.

His execution by lethal injection is set for 9 p.m. Aug. 12 at the Nevada State Prison in Carson City.

A panel of the 9th U.S. Circuit Court of Appeals rejected the petition of Reno lawyer Karla Butko who maintains that Dennis, her former client, is not mentally competent to make the decision to die. She sought to be considered a "next friend" and be allowed to pursue appeals on behalf of the 57-year old Dennis.

The court said Butko has failed to submit "meaningful evidence" that Dennis is suffering from a mental disease. She maintained he was incompetent because of his suicide thinking and his chronic depression.

The court said the evidence "does not show he (Dennis) lacks the capacity to make a rational decision."

Dennis has tried to abandon his appeals, telling one judge he does not want to die a "doddering old man in prison." He has had suicidal tendencies and other mental problems in the past but Dennis has not tried suicide since he has been in prison.

Dennis pleaded guilty to the 1999 strangulation of Ilona Strumanis, 51, after a drinking spree of several days. He choked her to death while engaging in sex.

He had a prior conviction for assault in 1979 and also for arson and assault, both in Snohomish County in Washington.

After his guilty plea, he was sentenced to death by a three-judge panel. After two appeals, he decided to forgo any further court actions and told his lawyer Butko he did not want to proceed.

In November 2003 Dr. Thomas Bittker, a psychiatrist, examined Dennis and reviewed his metal records.

Bittker diagnosed Dennis with a bipolar disorder, alcohol and drug dependence, post-traumatic stress, a mixed personality disorder and schizoid features. The psychiatrist said Dennis was a dependent man consumed by self-hatred "that he both killed the victim and is seeking the death penalty as a convenient way out of life."

Dennis has denied he has tried suicide since he has been in prison and maintains that his mental disorders are under control because of the medication he receives.